160.
Notwithstanding anything to the contrary in any other provision of the
Constitution, the person holding the office of President immediately
before the commencement of the Constitution shall be the first President
under the Constitution and shall be deemed for all purposes to have been
elected as the President of the Republic, and 52[shall, subject, to the
provisions of Article 31, hold office] for a period of sixyears from February 4, 1978.

The
President shall, notwithstanding the provisions of Article 32, be deemed
to have assumed office immediately upon the commencement of the
Constitution and shall be entitled thereupon to exercise, perform and
discharge all the powers, duties and functions conferred or imposed on, or
assigned to, the President by the Constitution or otherwise. The President
shall, as soon as possible thereafter at a sitting of Parliament, take and
subscribe the oath or make and subscribe the affirmation set out in the
Fourth Schedule.

First
Parliament

.

161.
Notwithstanding anything to the contrary in any other provision of the
Constitution -

(a)the first Parliament shall consist of one hundred and sixty-eight
members, and subject to the succeeding provisions of this Article, all
persons who immediately before the commencement of the Constitution were
members of the National State Assembly shall be deemed to have been
elected as Members of Parliament;

(b)(i) if the election, as a Member of the National State Assembly, of
a person deemed to have been elected to the first Parliament is declared
void under the law for the time being in force and no other person is
determined to have been duly returned or elected, the seat of such Member
shall be vacant, and an election to the electoral district as existing
immediately prior to the commencement of the Constitution, shall be held
in accordance with the law relating to elections to the National State
Assembly in force immediately before the commencement of the Constitution
and on the basis of the register of electors applicable to such electoral
district which was operative on the day immediately preceding the
commencement of the Constitution;

(ii)
the law applicable to election petitions in relation to an election held
as provided in sub-paragraph (i) shall be the law in force upon the
commencement of the Constitution and in the event of such an election
being declared void the provisions of sub-paragraph (i) shall, mutatis
mutandis, apply;

(c)if the election as a Member of the National State Assembly of a
person who is deemed to have been elected to the first Parliament is
declared void or undue and any other person is determined to have been
duly returned or elected such other person shall be deemed to have been
duly elected as a Member of the first Parliament;

(d)(i)
where immediately before the commencement of the Constitution there was a
vacancy in the membership of the National State Assembly or where a
vacancy in the membership of the first Parliament occurs otherwise than
under the provisions of paragraph (b) of this Article, such vacancy shall
be filled in the manner provided in sub-paragraph (iii) hereof;

53[(ii) Where
during the duration of the first Parliament, a Member ceases, by
resignation, expulsion or otherwise, to be a member of the recognized
political party to which he belonged upon or after the commencement of the
Constitution, the Secretary of such party shall, within two weeks of the
date on which such Member so ceased to be a member of such party,
communicate, in writing to the Secretary-General of Parliament, the fact
and date thereof. The Secretary-General shall, upon receipt of such
communication, submit it to the Speaker.

Where
a Member ceases to be a member of the recognized political party to which
he belonged by reason of being expelled from such party, he shall be
entitled to apply, within one month of the date of such expulsion by
petition in writing, to the Supreme Court for a determination that such
expulsion was invalid. In the event of any such application being made,
the Registrar of the Supreme Court shall forthwith inform the
Secretary-General of Parliament in writing, of such application. Every
such application shall be heard and determined by not less than three
Judges of the Supreme Court who shall, within two months of the making of
such application, determine whether such expulsion was valid or not.

The
Speaker shall, on receiving in the aforesaid manner, a communication
alleging that a Member has ceased to be a member of the recognized
political party to which such Member belonged, appoint a Select Committee
consisting of not less than five Members of Parliament (one of whom shall
be nominated as Chairman thereof) to inquire into, and report to
Parliament on, the circumstances in which such Member is alleged to have
resigned from, or to have been expelled from, or to have otherwise ceased
to be a member of, such party, and the reasons therefor :

Provided,
however, that where such communication alleges that a Member has ceased to
be a member of the recognized political party to which he belonged by
reason of his being expelled therefrom, no Select Committee shall be
appointed as aforesaid until after the expiration of a period of' one
month from the date of such alleged expulsion, and in any case where such
Member has applied to the Supreme Court for a determination that such
expulsion was invalid, unless and until the Supreme Court has determined
that such expulsion was valid.

The
provisions of the Parliament (Powers and Privileges) Act shall, mutatis
mutandis, apply inrelation
to proceedings before, and to the privileges, Immunities and powers of, a
Select Committee appointed as aforesaid, and every such Select Committee
shall be deemed, for the purposes of that Act, to be duly authorized by an
order of Parliament to send for persons, papers and words.

After
consideration of the report made by a Select Committee appointed as
aforesaid, Parliament may, by resolution passed by not less than
eighty-five members voting in its favour, resolve that the Member to whom
such report relates, shall cease to be a Member of Parliament. The
Speaker shall endorse on every resolution so passed, a certificate in the
following form :-

"This
resolution has been passed by the majority required by Article 161 (d)
(ii) of the Constitution".

The
seat of such Member shall, with effect from the date of such certificate,
become vacant.

Every
such certificate shall be conclusive for all purposes and shall not be
questioned in any court, and no court or tribunal shall inquire into,
pronounce upon or in any manner call in question, the validity of the
resolution on which such certificate is endorsed on any ground whatsoever.

]

(iii)
where a vacancy as is referred to in sub- paragraph (i) or (ii) has
occurred, the Secretary-General of Parliament shall forthwith inform the
Commissioner of Elections of such vacancy. The Commissioner of Elections
shall thereupon require the Secretary of the political party to which
such Member belonged to nominate a member of such party
54[to fill such
vacancy. A nomination made by the Secretary of such political party under
this sub-paragraph shall be accompanied by an oath or affirmation, as the
case may be, in the form set out in the Seventh Schedule, taken and
subscribed or made and subscribed, as the case may be, by the person
nominated to fill such vacancy. Upon the receipt of such nomination,
accompanied by such oath or affirmation the Commissioner] shall declare
such person to be the Member for the electoral district in respect of
which the vacancy occurred :

55[Provided
that where the Secretary of such political party fails to nominate a
member of such political party to fill such vacancy under the preceding
provisions of this sub-paragraph
56[within thirty days of his being required
to do so and in the aforesaid manner or where the Secretary of a political
party had been required, before the coming into force of this proviso, to
nominate a member of such political party to fill any such vacancy under
such provisions and such Secretary fails, within thirty days of the coming
into force of this proviso, to nominate a member of such political party
to fill such
57[vacancy, or where such political party is deemed to be
proscribed under Article 157 (a), then, the Commissioner of Election shall
forthwith so inform the President, who shall, within thirty days of the
receipt by him of such information, by Notice published in the Gazette
order the Commissioner of Elections] to hold an election for the electoral
district in respect of which such vacancy has occurred. The Commissioner
of Elections shall thereupon hold an election, in accordance with Part I
and Parts IV to VI (both inclusive) of the Ceylon (Parliamentary
Elections) Order in Council, 1946, for such electoral district as existed
immediately preceding the Constitution and on the basis of such part of
the register, prepared under the Registration of Electors Act, No. 44 of
1980, and in operation, as corresponds to such electoral district. The
aforesaid parts of the Ceylon (Parliamentary Elections) Order in Council,
1946, shall, for the purposes of such election and notwithstanding the
repeal of such Order in Council, be deemed to be in force and shall, mutatis
mutandis, and except as otherwise expressly provided in the
Constitution, apply to such election.

The
law applicable to election petitions in relation to such electoral
district shall be the aforesaid parts of such Order in Council as applied
aforesaid and in the event of such election being declared void and no
other person is determined to have been duly returned or elected, the
election to fill such vacancy shall be held in accordance with the
provisions of this proviso.

]

58[(iv)
Where a Member nominated or elected to fill any such vacancy as is
referred to in sub-paragraph (i) or sub-paragraph (ii), being a Member who
has taken and subscribed or made and subscribed an oath or affirmation in
the form set out in the Seventh Schedule, directly or indirectly, in or
outside Sri Lanka, supports, espouses, promotes, finances, encourage or
advocates the establishment of a separate State within the territory of
Sri Lanka, any person may make an application to the Court of Appeal for a
declaration that such member has directly or indirectly, in or outside Sri
Lanka, supported, espoused, promoted, financed, encouraged or advocated
the establishment of a separate State within the territory of Sri Lanka.

If
the Court of Appeal makes, on such application, a declaration that such
Member has directly or indirectly, in or outside Sri Lanka, supported,
espoused, promoted, financed, encouraged or advocated the establishment of
a separate State within the territory of Sri Lanka, the seat of such
Member shall be deemed to be vacant with effect from the date of such
declaration and such Member shall be disqualified from sitting and voting
in Parliament and from being elected or nominated to Parliament for a
period of seven years from the date of such declaration. The vacancy
occurring in the membership of Parliament by reason of such declaration
shall be filled in the manner provided in paragraph (iii).

The
jurisdiction of the Court of Appeal' in respect of its powers under this
sub-paragraph shall be exercised in the manner provided in sub-paragraph
(iv) of the proviso to paragraph (2) of Article 146.

59[(e)unless
sooner dissolved, the First Parliament shall continue until August 4, 1989
and no longer, and shall thereupon stand dissolved, and the provisions of
Article 70 (5) (b) shall, mutatis
mutandis, apply.

]

Application
of certain provisions.

162.(1) The provisions of Article 98, other than paragraphs (8) and (9)
thereof, and Article 99 shall not come into operation until the General
Election held upon the dissolution of the first Parliament.

(2)
If at the time of such dissolution the notification of electoral districts
has not been proclaimed as required by Article 97, the electoral districts
for the first General Election to be held upon the dissolution of the
first Parliament, and the number of Members which each such district shall
be entitled to return by virtue of the provisions of paragraph (4) of
Article 96, shall be as set out in the Sixth Schedule and accordingly,
registers of electors shall be prepared and certified for each such
electoral district, and unless Parliament otherwise provides, such
registers shall be prepared on the basis of the register of electors in
force immediately before the commencement of the Constitution.

Judges
of Supreme Court and High Court to cease to hold office.

163.
All Judges of the Supreme Court and the High Courts established by the
Administration of Justice Law, No. 44 of 1973, holding office on the day
immediately before the commencement of the Constitution shall, on the
commencement of the Constitution, cease to hold office.

Continuation
in office of Judges, public officers and others.

164.
Subject to the provisions of Article 163 every person who immediately
before the commencement of the Constitution -

(a)held office in any court or tribunal deemed, by virtue of the
provisions of paragraph (2) of Article 105, to be a court or tribunal
created and established by Parliament,

(b)was in the service of the Republic, any local authority or any
public corporation,

(c)held office in any local authority or public corporation, or

(d)held any appointment under any existing written law,

shall
continue in such service or hold such office or appointment under the
same terms and conditions.

Oath
or affirmation to be taken or made by public officers and others

.

165.
(1) Every public officer, judicial officer and every other person as is
required by the Constitution to take an oath or make an affirmation on
entering upon the duties of his office, every holder of an office required
under the existing law to take an official oath and every person in the
service of every local authority and of every public corporation shall
take and subscribe the oath or make and subscribe the affirmation set out
in the Fourth Schedule. Any such public officer, judicial officer, person
or holder of an office failing to take and subscribe such oath or make and
subscribe such affirmation after the commencement of the Constitution on
or before such date as may be prescribed by the Prime Minister by Order
published in the Gazette shall cease to be in service or hold office.

(2)
The Minister in charge of the subject of Public Administration may, in his
sole discretion, permit any public officer, judicial officer, person or
holder of an office referred to in paragraph (1) of this Article, to take
the oath or make the affirmation referred to in that paragraph after the
prescribed date if he is satisfied that the failure to take the oath or
make the affirmation within the time prescribed was occasioned by illness
or some other unavoidable cause. On his taking such oath or making such
affirmation, he shall continue in service or hold office as if he had
taken such oath or made such affirmation within the time prescribed under
paragraph (1) of this Article.

(3)
The President may by Proclamation-

(a)exclude the application of the provisions of paragraph (1) of this
Article to any category of public officers,

(b)prescribe the persons or categories of persons who may administer
such oath or affirmation in addition to the persons who are empowered
under the existing law to administer oaths or affirmations.

Powers,
privileges, immunities and rights of the Republic

.

166.
Unless Parliament otherwise provides, the Republic of Sri Lanka shall
continue to possess and exercise all powers, privileges, immunities and
rights whatsoever possessed, exercised or exercisable immediately prior to
the commencement of the Constitution.

Rights,
duties and obligations of the Republic

.

167.
All rights and all duties or obligations, however arising, of the
Government of Sri Lanka and subsisting immediately prior to the
commencement of the Constitution shall be rights, duties and obligations
of the Government of the Republic of Sri Lanka under the Constitution.

168.
(1) Unless Parliament otherwise provides, all laws, written laws and
unwritten laws, in force immediately before the commencement of the
Constitution, shall, mutatis
mutandis, and except as otherwise expressly provided in the
Constitution, continue in force.

(2)
Save as otherwise provided in the Constitution, existing laws, written
laws and unwritten laws are not and shall not in any manner be deemed to
be provisions of the Constitution.

(3)
Wherever the Constitution provides that any law, written law or unwritten
law or any provision of the Constitution shall continue in force until or
unless Parliament otherwise provides, any law enacted by Parliament so
providing may be passed by a majority of the Members present and voting.

(4)
Whenever the Constitution provides that any provision of any existing
written law shall continue in force until or unless Parliament otherwise
provides and the existing written law referred to consists of subordinate
legislation, the provision that such existing written law shall continue
in force until or unless Parliament otherwise provides shall not in any
manner be deemed to derogate from the power of the person or body on whom
the power to make and when made, to amend, vary, rescind or revoke such
subordinate legislation is conferred, to exercise the power so conferred
until or unless Parliament otherwise provides.

(5)
Unless the Constitution otherwise provides, the past operation of any law
in force prior to the commencement of the Constitution or anything duly
done or suffered or any offence committed or any right, liberty,
obligation or penalty acquired or incurred under any law in force prior to
the commencement of the Constitution shall not in any manner be affected
or be deemed to be affected by the Constitution coming into force.

(6)
All actions, prosecutions, proceedings, matters or things, including
proceedings of Commissions appointed or established by or under any
existing written law, pending or uncompleted on the commencement of the
Constitution shall, subject tothe
provisions of the Constitution and, mutatis
mutandis, be deemed to continue and may be carried on and completed
after the commencement of the Constitution.

Provisions
relating to judiciary

.

169.
Unless Parliament otherwise provides –

(1)any provisions of the Administration of Justice Law, No. 44 of
1973, which are inconsistent with the provisions of the Constitution,
shall, to the extent of such inconsistency, be deemed to be repealed ;

(2)the Supreme Court established by the Administration of Justice Law,
No. 44 of 1973, shall, on the commencement of the Constitution, cease to
exist, and accordingly the provisions of that Law relating to the
establishment of the said Supreme Court, shall be deemed to have been
repealed. Unless otherwise provided in the Constitution, every reference
in any existing written law to the Supreme Court shall be deemed to be a
reference to the Court of Appeal;

(3)all appellate proceedings including proceedings by way of revision,
case stated and restitutioin integrum pending in the Supreme Court established under the
Administration of Justice Law, No. 44 of 1973, on the day preceding the
commencement of the Constitution, shall stand removed to the Court of
Appeal and the Court of Appeal shall have jurisdiction to take cognizance
of and to hear and determine the same ; and the judgments and orders of
the Supreme Court aforesaid delivered or made before the commencement of
the Constitution in appellate proceedings shall have the same force and
effect as if they had been delivered or made by the Court of Appeal ;

(4)all original proceedings by way of applications for the issue of
high prerogative Writs and applications for any other relief pending in
the Supreme Court as well as all applications for injunctions pending in
the High Court established under the Administration of Justice Law, No. 44
of 1973, on the date immediately preceding the commencement of the
Constitution shall stand removed to the Court of Appeal and such Court
shall have jurisdiction to take cognizance of, hear and determine or to
continue and complete the same, and the judgments and orders of the
Supreme Court established under the Administration of Justice Law, No. 44
of 1973, delivered or made before the commencement of the Constitution in
original proceedings shall have the same force and effect as if they had
been delivered or made by the Court of Appeal:

Provided
that any proceedings in relation to any alleged breach of privileges of
Parliament pending in the Supreme Court shall stand removed to the Supreme
Court created and established by the Constitution ;

(5)no appeal shall lie from any judgment, order or decree of the
Supreme Court established under the Administration of Justice Law, No, 44
of 1973, to the Supreme Court created and established under the
Constitution but such judgment, order or decree, as the case may be, shall
be final as between the parties to the action, application or other
proceeding in which such judgment, order or decree was made:

Provided
that it shall be competent for the Court of Appeal and all officers of
such Court to take all such steps as may be necessary, including the
entering of decrees if not already entered and taxation and recovery of
costs so as to ensure that such judgments, orders and decrees are
completely and effectively complied with, as if they had been delivered or
made by the Court of Appeal created and established by the Constitution ;

(6)the several High Courts established under Chapter I of the
Administration of Justice Law, No. 44 of 1973, shall be deemed for all
purposes to constitute a single court created and established by
Parliament called the High Court of the Republic of Sri Lanka having
jurisdiction throughout the Republic of Sri Lanka to be exercised in the
several Zones in accordance with the law for the time being in force.
Accordingly, subject to the provisions of the Constitution, and of any
existing written law, all provisions relating to High Courts contained in
such Law shall, mutatis mutandis,
apply to the High Court of the Republic of Sri Lanka ;

(7)all criminal and admiralty cases, proceedings or matters, other
than applications for injunctions, pending in the High Courts established
under the Administration of Justice Law, No. 44 of 1973, on the day
preceding the commencement of the Constitution shall stand removed to the
said High Court of the Republic of Sri Lanka and such Court shall have
jurisdiction to take cognizance of, hear and determine or to continue and
complete the same, and the judgments and orders of the aforesaid High
Courts delivered or made before the commencement of the Constitution shall have the same force and effect as if
they had been delivered or made by the High Court of the Republic of Sri
Lanka ;

(8)the Presidentof the
Court of Appeal shall from time to time as he may deem expedient nominate
the Judges of the High Court of the Republic of Sri Lanka to exercise the
jurisdiction of the High Court in such zones as he may determine and the
Provisions of Chapter II of the Administration of Justice Law, No. 44 of
1973, shall, mutatis mutandis, apply to the hearing and disposal of all
proceedings pending in or hereafter instituted in the High Court ;

(9)all indictments filed hereafter in the High Court of the Republic
of Sri Lanka shall be in the name of the Republic of Sri Lanka and shall
be signed by the Attorney-General or any person authorized under section
189 of the Administration of Justice Law, No. 44 of 1973 ;

(10)all election petition proceedings relating to the election of any
person to the membership of the National State Assembly pending in the
High Courts established under the Administration of Justice Law, No. 44 of
1973, on the day preceding the commencement of the Constitution shall
stand removed to the Court of Appeal and the Court of Appeal shall have
the same jurisdiction to take cognizance of, hear and determine or to
continue and complete the same, and the judgments and orders of the
Supreme Court established by the Administration of Justice Law, No. 44 of
1973, and of the High Courts aforesaid delivered or made before the
commencement of the Constitution in such election petition proceedings
shall have the same force and effect as if they had been delivered or made
by the Supreme Court and the Court of Appeal established by the
Constitution, as the case may be. The President of the Court of Appeal is
hereby vested with the power to nominate a Judge of the Court of Appeal to
hear and determine any election petition in respect of which the Court of
Appeal is vested with jurisdiction by the Constitution ;

(11)all attorneys-at-law admitted and enrolled or deemed to have been
admitted and enrolled as attorneys-at-law under the provisions of the
Administration of Justice Law, No. 44 of 1973, shall subject to the
provisions of the Constitution be deemed to have been admitted and
enrolled as attorneys-at-law of the Supreme Court created and established
by the Constitution ;

(12)after the date fixed by the Minister in charge of the subject of
Justice, by Order published in the Gazette, no attorney-at-law shall be entitled to represent any party
to a proceeding or be given the right of audience in any court, tribunal
or other institution until or unless he has taken and subscribed the oath
or made and subscribed the affirmation set out in the Fourth Schedule
before a Judge of the Supreme Court, Court of Appeal, High Court or any
other judicial officer as defined in Article 114 ; and it shall be the
duty of any such Judge or judicial officer, as the case may be, to forward
such oath or affirmation so taken and subscribed or made and subscribed to
the Registrar of the Supreme Court who shall cause the same to be entered
in the rolls of such Court. Such entry shall be the only proof that such
attorney-at-law has taken and subscribed or made and subscribed such oath
or affirmation ;

(13)the provisions of the Administration of Justice Law, No. 44 of
1973, relating to the Attorney-General, the legal profession, State
Attorneys and State Counsel, shall be deemed for all purposes to be in
operation, and every reference to the Supreme Court in sections 33 to 36
of the Administration of Justice Law, No. 44 of 1973, and in the rules and
regulations relating thereto shall be deemed to be a reference to the
Supreme Court established by the Constitution ;

(14)if any matter or question shall arise with regard to any procedure
or practice to be followed in any court in consequence of the coming into
operation of the Constitution, not provided for in the Constitution or any
written law, the Chief Justice shall have the power to give such
directions as he may consider necessary to prevent injustice or as the
justice of the case may require and to ensure that the provisions of
Chapters XV and XVI of the Constitution are given full and complete effect
;

(15)(i) any reference in section 2 of the Special Presidential
Commissions of Inquiry Law, No. 7 of 1978, to the Supreme Court shall be
deemed to be a reference to the Supreme Court established by the
Constitution ;

(ii)where any person has been appointed as a member of a Special
Presidential Commission of Inquiry established under the Special
Presidential Commission of Inquiry Law, No. 7 of 1978, then, such person
shall notwithstanding the provisions of the Constitution, continue to be
such member and shall be deemed for the purposes of Article 81 (1) to be a
Judge of a Court referred to therein unless he resigns, or refuses or
becomes unable to act, or is discharged by the President from the
performance of his duties as such member in accordance with the provisions
of the Special Presidential Commissions of Inquiry Law, No. 7 of 1978
;

(iii)any such member specified in the Warrant establishing such Special
Presidential Commission of Inquiry as Chairman, shall, subject to the
provisions of sub-paragraph (ii) of this paragraph, continue to be the
Chairman of such Special Presidential Commission of Inquiry ;

(16)(i) any breach the
privileges of the National State Assembly functioning immediately prior to
the commencement of the Constitution, shall be deemed to be a breach of
the privileges of Parliament and accordingly, Parliament and the Supreme
Court, shall have the Power to take cognizance of and punish any person
for such breach of privileges of Parliament ;

(ii) where prior to the commencement of the Constitution, any step
required or authorized by the Parliament (Powers and Privileges) Act has
been taken in respect of, or in relation to, any act or omission alleged
to constitute such a breach of the privileges of Parliament as is referred
to in sub-paragraph (i) of this paragraph, such step shall be deemed to
have been validly taken and any further steps as are required or
authorized under such Act, may be taken, in respect of or, in relation to,
such alleged breach of the privileges of Parliament as if the act or
omission alleged to constitute ; such breach of privileges of Parliament
had been committed or had occurred after the commencement of the
Constitution.

Provision
relating to Queen’s Counsel and Senior Attorneys-at-Law

.

(a)Queen's Counsel appointed prior to the coming into force of the
Constitution ; and

(b)Senior attorney-at-law
appointed by the President after the coming into force of the
Constitution,

shall,
from the date on which this Article comes into force, be called and known
also as President's Counsel and shall continue to enjoy all such
privileges as were hitherto enjoyed by a Queen's Counsel.

(2)
Every rule made under Article 136 relating to the appointment of Senior
attorneys-at-law shall, from the date on which this Article comes into
force, be deemed to be rescinded.

(3)
Every reference in any written law to "Senior attorney- at-law"
shall, from the date on which this Article comes into force, be deemed to
include a reference to “President's Counsel."]

52.
Substituted by the Third Amendment to the
Constitution Sec. 4, for “shall hold office.”

53.
Original para (ii) repealed and substituted by the Second
Amendment to the Constitution Sec. 2.

54.
Substituted by the Sixth Amendment to the
Constitution Sec. 4 (1), for “to fill such vacancy. Upon receipt of such
nomination, the Commissioner.”